Global Opportunities, Local Preparations:
The Importance of Pre-Departure Training
Jyoti Tiwari
The pursuit of employment opportunities abroad is a common aspiration for many Indians. However, the journey to a foreign land for work presents its own set of challenges, particularly for those who embark without adequate knowledge about the legal processes they need to fulfill at home and the destination country. Caution and informed decision-making are paramount to it. The Ministry of External Affairs (MEA) recently issued a crucial advisory to prospective foreign job seekers, underscoring the imperative of engaging with registered Recruiting Agents (RAs) only. This advisory responds to a concerning surge in instances where overseas job aspirants have fallen victim to unregistered agents, encountering fraudulent job offers and exorbitant overcharging of fees.
Unregistered or illegal agents are those who operate without the requisite license issued by the MEA, Government of India, a mandatory prerequisite for recruiting workers for employment abroad. These unauthorised agents often exploit platforms such as Facebook, WhatsApp and text messages, complicating efforts to verify their location and authenticity. Their enticing tactics often lead workers into accepting positions in challenging and potentially life-threatening conditions. Such engagements not only violate the Emigration Act of 1983 but also amount to human trafficking- which is a punishable criminal offence.
How to Identify Genuine RAs?
Registered Recruiting Agencies (RAs) prominently display a valid license number in their office premises and advertisements. Prospective emigrants can easily verify the legitimacy of these agents through the government website www.emigrate.gov.in, specifically under the 'List of active RA' link. Legitimate job offers should be accompanied by a meticulously crafted Employment Contract signed by the foreign employer, the recruitment agent and the emigrant worker. This contract comprehensively outlines job terms, conditions, salary details and additional benefits. Job offers should specifically enable emigration, based on an employment or work visa, expressly excluding tourist visas, which must be reserved solely for tourism purposes.
Keeping in mind the risks involved, the MEA has strongly advised emigrant workers to acquaint themselves with the local conditions in the destination country. Seeking information from Pre-Departure Orientation Training (PDOT) Centers or consulting the Community Welfare Wing of the relevant Indian Embassy emerges as a pivotal step toward ensuring a secure and lawful overseas employment experience.
Role of NSDC
The National Skill Development Corporation (NSDC) is instrumental in managing the International Jobs module on the National Career Service (NCS) portal, which was launched on April 20, 2022. This module enables employers and Recruiting Agents (RAs) registered with the Ministry of External Affairs (MEA) to post international job opportunities, providing a platform for jobseekers to search and apply for suitable positions. Additionally, the NSDC functions as the implementing agency for the Pravasi Kaushal Vikas Yojna (PKVY). This initiative, aimed at providing Pre-Departure Orientation Training (PDOT) to Indian workers migrating overseas, is designed to equip aspiring migrants with essential insights into the customs, laws and cultural nuances of their chosen destination, ensuring a safe, regular and orderly migration process.
Overseas Indian Community: An Overview
The Overseas Indian community boasts of a substantial size, exceeding 30 million individuals, comprising approximately 13 million Non-Resident Indians (NRIs) and 17 million Persons of Indian Origin (PIOs). Notably, about 9 million of these Overseas Indians have established themselves in the Gulf Cooperation Council (GCC) countries including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE. Additionally, the Indian diaspora has a significant presence in various other nations, such as the United States, Malaysia, Myanmar, the United Kingdom, Sri Lanka, South Africa, Canada, Mauritius, Singapore and Nepal. Of particular note is the demographic composition within the GCC countries, where a substantial 70% of Indian migrants are engaged in blue-collar jobs, predominantly encompassing low or semi-skilled work roles. Recognising the unique challenges faced by this segment of the Overseas Indian community, the Govern-ment of India has instituted special schemes, aimed at safeguarding and promoting their welfare. These initiatives underscore the commitment for ensuring protection and well-being of Indian migrants, particularly those contributing to the labour force in the GCC nations.
Emigration Act 1983
India's legal framework for facilitating the migration of workers is enshrined in the Emigration Act of 1983, which serves as the cornerstone for addressing overseas employment related issues. The Act outlines two primary modes of recruitment: through registered Recruiting Agents (RAs) or directly by Foreign Employers (FE) under permit. To regulate these processes, the Protector General of Emigrants (PGE) and the 10 Protectors of Emigrants (PoEs) operate under this act. These entities closely monitor the recruitment activities of RAs, combat illegal agents and oversee the processing of Emigration Clearance (EC). Emigration Clearance is a pivotal step in the migration process, wherein the Bureau of Immigration (BoI) verifies the EC before permitting an emigrant worker, especially those in Emigration Check Required (ECR) countries, to travel abroad. This clearance, granted by the Ministry of External Affairs through the PGE and PoEs, is essential for those holding ECR passports and nurses going abroad for job. The Act also stipulates that anyone recruiting for overseas employment to ECR countries must be registered on the eMigrate platform. The meticulous legal framework, including the Emigration Act and associated procedures, underscores India's commitment to ensuring the orderly and legal migration of its workforce, safeguarding their rights and interests.
Perils of Illegal/ Irregular Migration
Engaging in illegal migration poses a myriad of problems for individuals venturing outside the established regulatory norms of sending, transit and receiving countries. From the perspective of destination countries, illegal migration involves entry, stay or work without the necessary authorisation or required documents, contravening immigration regulations. Those who partake in illegal migration are liable for prosecution, facing potential consequences such as heavy fines, imprisonment and deportation, either in the country of employment or their home country, i.e. India. Moreover, illegal migrants find themselves unrecognised by the countries involved in the migration process, depriving them of the entitlements and facilities afforded to legal migrants. Such individuals may even face travel bans in the destination countries. The lack of awareness about job details, employer information, salary structures and working conditions further exacerbates the risks, leaving room for potential exploitation by illegal recruiters or employers in the host country. In addition, illegal migrants are unable to avail themselves of welfare and protection measures and the repercussions may extend to arrest, imprisonment, the loss of crucial documents and savings, including passports. Hence, it is imperative for an individual to adhere to legal channels and avail pre-departure orientation for a secure and orderly migration experience.
Benefits of Legal/ Orderly Migration
Embracing orderly migration reaps numerous benefits for individuals seeking opportunities abroad. Foremost among these advantages is the assurance of safety and enhanced welfare, providing a secure environment for migrants to thrive in their host countries. The support extended by the government becomes a pivotal aspect of orderly migration, with individuals being able to access various assistance programmes. Under schemes like the Pravasi Bharatiya Bima Yojana (PBBY), migrants can avail insurance coverage of up to Rs. 10 Lakhs, providing financial security and peace of mind. Moreover, the orderly migration process ensures that help from Indian Missions/ Posts and local authorities remains readily available, particularly during challenging situations. This support encompasses a wide range of services, including facilitating the return of individuals facing difficulties in their host countries. Overall, the benefits of orderly migration extend beyond the individual, contributing to the well-being of the entire migrant community and fostering a positive and secure experience abroad.
Pre-Departure Orientation Training: Why is it Important?
The decision to pursue employment in a foreign country goes beyond professional skills; it necessitates a comprehensive understanding of the host nation's social fabric, legal framework and lifestyle. Without this knowledge, migrants may find themselves susceptible to exploitation, legal issues, and cultural misunderstandings. Therefore, undergoing Pre-Departure Orientation (PDO) becomes an invaluable step in preparing individuals for the challenges of international employment.
Focus Areas of PDOT
l Highlighting the importance of engaging with registered Recruiting Agents (RA) through platforms like eMigrate to ensure a legal and secure migration process.
· Emphasising the necessity of adhering to legal processes for safe migration, safeguarding migrants from potential risks associated with irregular or illegal migration.
· Underscoring the significance of obtaining Emigration Clearance (EC) for specific job categories, ensuring compliance with legal requirements.
· Explaining the pivotal role played by Protectors of Emigrants (PoEs) and Protector General of Emigrants (PGE) in overseeing and facilitating legal and secure migration.
· Emphasising the mandatory nature of pre-departure medical tests to ensure the health and well-being of migrants.
· Providing information about authorised medical centers such as GAMCA for comprehensive health examinations.
· Offering practical advice on packing essentials, airport etiquette, and the importance of adhering to rules and regulations during the journey.
· Highlighting the importance of completing the Incoming Passenger Card (IPC) and adhering to customs regulations upon arrival.
· Promoting an understanding of local customs, laws and cultural norms to help migrants navigate social situations and legal requirements effectively.
· Providing insights into potential pitfalls, such as the prohibition on certain behaviours or substances, to ensure migrants adhere to local regulations and customs.
By addressing these key focus areas, pre-departure training aims to empower Indian migrant workers with the knowledge and tools necessary to make informed decisions, mitigating risks and contributing to a successful and fulfilling experience abroad. The guidance provided by the Indian government and affiliated organisations serves as a valuable resource for individuals seeking international employment.
e-Migrate Portal
The eMigrate portal stands as a revolutionary platform, embodying the vision and objective of streamlining the migration cycle and enhancing its overall effectiveness. With approximately 1600 Recruiting Agents (RAs) and an extensive network of 1,50,000 Foreign Employers registered on the portal, eMigrate is at the forefront of facilitating a secure and organised migration process for emigrants. This digital platform captures crucial data of emigrants online, ensuring a comprehensive record of their information. The verification of credentials for both Foreign Employers and Registered Recruitment Agents (RAs) add an extra layer of authenticity to the recruitment process. One of the key advantages is the generation of employment contracts online, offering transparency and clarity in outlining the terms and conditions of employment. Importantly, the eMigrate portal minimises the risk of cheating and fraud, fostering a trustworthy environment for both emigrants and employers. Furthermore, it plays a pivotal role in ensuring the insurance of emigrants through the Pravasi Bharatiya Bima Yojana (PBBY). In cases of grievances or distress, the government can swiftly take action against RAs, including suspension or cancellation of their registration. Notably, RAs bear the responsibility of rescuing workers in the event of problems, distress, or the need for repatriation. Altogether, the eMigrate platform stands as a cornerstone in revolutionising and securing the migration process, offering a robust and reliable mechanism for those seeking employment opportunities abroad.
Roles and Responsibilities of Consular Services
The Indian Embassy or High Commission plays a crucial role in providing various consular services and support to Indian nationals in a foreign country. Upon arriving at the destination country, it is advised to contact the Indian Embassy/ Consulate promptly and complete the registration process with the Consular Wing of the Mission. The organisational hierarchy typically includes the Ambassador or High Commissioner (for Commonwealth countries), who serves as the head of the mission.
Within the mission, the Consular Wing plays a pivotal role in addressing the needs of Indian nationals. It is subdivided into several sections, each specialising in specific consular services. These sections include:
Labour Section: This section is dedicated to addressing matters related to employment and labour issues faced by Indian nationals in the host country.
Passport Section: Responsible for passport-related services, including issuing, renewing and updating pass-ports for Indian citizens.
Visa Section: Manages the visa application process, providing assistance to both Indian nationals and foreign nationals seeking to visit India.
Attestation Cell: Deals with the attestation of documents, ensuring their authenticity and legal recognition.
Death Section: Offers support and assistance in the unfortunate event of the death of an Indian national abroad including the documentation and repatriation procedures.
Registration of Indians and Misc. Section: Handles the registration of Indian nationals residing in the host country, along with various miscellaneous consular services.
Common Grievances of Indian Workers Abroad
One of the most common grievances is the non-payment or delayed payment of salaries. Indian workers abroad often find themselves facing financial difficulties due to employers failing to fulfill their contractual obligations. Another widespread problem is Contract Substitution, which is a deceptive practice where employers alter the terms of employment agreements to the detriment of the worker. This can lead to confusion, exploitation and unfair treatment. Instances of excessive working hours, ill-treatment and various forms of harassment or abuse are reported, reflecting the vulnerability of Indian workers in certain foreign work environments. Some employers engage in the illegal practice of withholding passports, creating a sense of captivity. Additionally, false charges may be filed with local authorities, subjecting workers to legal complications. The non-payment of dues, lack of proper amenities and poor living conditions contribute to the hardships faced by Indian workers. These issues affect their overall well-being and quality of life.
MADAD Portal
Ministry of External Affairs' MADAD Portal, is a trans-formative online platform designed to provide a seamless resolution process for various grievances faced by overseas workers. Accessible through https:// portal2.madad.gov.in, MADAD Portal allows direct registration of grievances by the public and facilitates effective tracking from filing to resolution. It covers issues related to workers' abuse, recruiting agents, sponsorship and contract matters, repatriation, tracing the whereabouts of Indian nationals, compensation for death or injury, transportation of mortal remains and marital disputes. The platform has been operational since 2008 and serves as a 24*7 helpline in 11 Indian languages, offering information and assistance to migrants and overseas workers.
All Indian Missions/ Posts worldwide are linked to the MADAD Portal, ensuring a comprehensive and coordinated approach to grievance resolution.
Pravasi Bharatiya Sahayata Kendra
Pravasi Bharatiya Sahayata Kendra (PBSK), an integral part of this support system, operates in foreign countries, including Dubai, Sharjah, Jeddah, Riyadh, and Kuala Lumpur. PBSK provides a 24*7 toll-free helpline, grievance petition registration and monitoring, as well as awareness classes and counseling sessions.
Kshetriya Pravasi Bharatiya Sahayata Kendra
The Kshetriya Pravasi Bharatiya Sahayata Kendra, located in Delhi, Hyderabad, Kochi, Chennai, and Lucknow, offers walk-in counseling facilities and grievance registration services. Emigrants seeking clearance after being directly recruited by foreign employers can visit these centers for assistance in applying for online Emigration Clearance.
Pravasi Bharatiya Bima Yojana
The Pravasi Bharatiya Bima Yojana (PBBY) stands as a crucial support system for Indian workers venturing abroad. This insurance scheme offers a comprehensive range of benefits, providing financial security to those working in foreign lands. In the unfortunate event of accidental death or permanent disability, the insured individual or their nominee receives Rs. 10 lakhs. The scheme covers repatriation expenses, including the cost of transporting the mortal remains to India and the airfare for the attendant. Additionally, in case of hospitalisation, the insured worker is entitled to medical cover of up to Rs. 1,00,000, with coverage for family hospitalisation in the event of the insured person's death or permanent disability. Maternity expenses, legal expenses, and a robust repatriation facility further enhance the protective umbrella of PBBY. Before embarking on overseas employment, it is strongly recommended to avail of PBBY, with premiums at Rs. 275 for two years and Rs. 375 for three years. The eMigrate portal facilitates the application pro-cess, ensuring that the details of the nominee are accurately filled. For additional information and assistance, individuals can contact the Pravasi Bharatiya Sahayata Kendra (PBSK) through the designated link on the eMigrate portal.
(The author is a career counsellor and web journalist. Feedback on this article can be sent to feedback.employmentnews@gmail.com)
Views expressed are personal.